Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
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Change 1
37 Conclusion of the work of the ICRIR
(1) The Secretary of State may, by regulations, make provision for winding up the ICRIR if the Secretary of State is satisfied that the need for the ICRIR to exercise the functions conferred by section 2(5) has ceased. (2) Regulations under subsection (1) may, in particular, make provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred), including any acquired or arising after the regulations are made. (3) Regulations under subsection (1) may, in particular, repeal or otherwise amend any provision of this Part other than— (a) this section; (b) Schedule 7 and the following provisions (which relate to the offence in paragraph 1 of that Schedule)— (i) section 4(1)(a) and (b); (ii) section 30(2) to (7), (10) and (11); (iii) Schedule 6. (4) The consequential provision that may (by virtue of section 59(9)(b)) be made by regulations under subsection (1) includes consequential amendments of— (a) Part 4 or 5 of this Act, or (b) any legislation other than this Act (whenever passed or made). (5) The Secretary of State must consult the required consultees, and take into account the annual reports produced by the ICRIR (see section 2(10)) and the Secretary of State’s review of the ICRIR’s functions (see section 36)— (a) when deciding whether to exercise the power to make regulations conferred by this section; and (b) before making regulations under this section. (6) Regulations under this section are subject to affirmative procedure. (7) If a draft of an instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (8) In this section “required consultees” means— (a) the ICRIR, and (b) any other person the Secretary of State considers it appropriate to consult.
37 Conclusion of the work of the ICRIR
(1) The Secretary of State may, by regulations, make provision for winding up the ICRIR if the Secretary of State is satisfied that the need for the ICRIR to exercise the functions conferred by section 2(5) has ceased. (2) Regulations under subsection (1) may, in particular, make provision for the transfer of property, rights and liabilities (whether or not otherwise capable of being transferred), including any acquired or arising after the regulations are made. (3) Regulations under subsection (1) may, in particular, repeal or otherwise amend any provision of this Part other than— (a) this section; (b) Schedule 7 and the following provisions (which relate to the offence in paragraph 1 of that Schedule)— (i) section 4(1)(a) and (b); (ii) section 30(2) to (7), (10) and (11); (iii) Schedule 6. (4) The consequential provision that may (by virtue of section 59(9)(b)) be made by regulations under subsection (1) includes consequential amendments of— (a) Part 4 or 5 of this Act, or (b) any legislation other than this Act (whenever passed or made). (5) The Secretary of State must consult the required consultees, and take into account the annual reports produced by the ICRIR (see section 2(10)) and the Secretary of State’s review of the ICRIR’s functions (see section 36)— (a) when deciding whether to exercise the power to make regulations conferred by this section; and (b) before making regulations under this section. (6) Regulations under this section are subject to affirmative procedure. (7) If a draft of an instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not a hybrid instrument. (8) In this section “required consultees” means— (a) the ICRIR, and (b) any other person the Secretary of State considers it appropriate to consult.
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